IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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23  WIST  hJkil  STiiiT 

WIISTIR,N.Y.  I4SM 
(716)t72-4S03 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIViH 
Collection  de 
microfiches. 


Canadian  Instituta  for  Historical  Microraproductions  /  Inatitut  Canadian  da  microraproductlons  historiquas 


\ 


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Technical  and  Bibliooraphic  Notat/Notaa  tachniquaa  at  bibliographiquat 


Tha  Instituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibliographicaily  uniqua, 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction.  or  which  may  aignificantly  ehanga 
tha  uaual  mathod  of  filming,  ara  chackad  balow. 


0Colourad  covara/ 
Couvartura  da  coulaur 


I     I   Covara  damagad/ 


D 


D 


D 


Couvartura  andommagAa 

Covara  raatorad  and/or  laminatad/ 
Couvartura  raataurte  at/ou  pailiculAa 

Covar  titia  mlaaing/ 

La  titra  da  couvartura  manqua 


I     I   Colourad  mapa/ 


Cartaa  giographiquaa  an  coulaur 


□   Colourad  ink  (i.a.  othar  than  blua  or  black)/ 
Encra  da  coulaur  (i.a.  autra  qua  blaua  ou  noira) 

□   Colourad  piataa  and/or  illuatrationa/ 
Pianchaa  at/ou  iiluatrations  an  coulaur 

□    Bound  with  othar  matariai/ 
Rali4  avac  d'autraa  documanta 


Tight  binding  may  cauaa  shadows  or  distortion 
along  intarior  margin/ 

Laraliura  sarrAa  paut  causar  da  I'ombra  ou  da  la 
diatortion  la  long  da  la  marga  intiriaura 

Blank  laavas  addad  during  rastoration  may 
appaar  within  tha  taxt.  Whanavar  posaibla.  thasa 
hava  baan  omittad  from  filming/ 
II  sa  paut  qua  cartainaa  pagaa  blanchaa  aJoutAas 
lors  d'una  rastauration  apparaisaant  dana  la  taxta, 
mais,  lorsqua  cala  Malt  possibia,  caa  pagas  n'ont 
pas  «t4  fiimAas. 

Additional  comments:/ 
Commantairas  supplAmantairas: 


L'Insthut  a  microfilm*  la  maillaur  axamplaira 
qu'i!  lui  a  At*  possibia  do  sa  procurer.  Las  ditails 
da  cat  axamplaira  qui  aont  paut-Atra  uniques  du 
point  da  vua  bibliographiqua.  qui  peuvent  modifier 
une  image  raproduite,  ou  qui  peuvent  exiger  une 
modification  dana  la  mithoda  normala  de  filmaga 
sont  indiquAs  ci-dessous. 


I     I   Coloured  pages/ 


D 


D 


This  item  is  filmed  at  tha  reduction  ratio  checked  below/ 

Ce  document  eat  film*  au  taux  da  r*duction  indiqu*  ci«dessous. 


Pages  restored  end/or  laminated/ 


Pagas  de  couleur 

Paqw%  damaged/ 
Pages  endommag*es 

Pages  restored  end/oi 

Pagas  re8taur*es  et/ou  pellicul*es 

Pages  discoloured,  stained  or  foxet 
Pages  d*color*es.  tachet*es  ou  piqu*as 

Pages  detached/ 
Pages  d*tach*as 

Showthrough/ 
Transparence 

Quality  of  prir 

Qualit*  in*gaie  de  I'impression 

Includes  supplementary  matarii 
Comprend  du  mat*riel  suppl*mentaire 

Only  edition  available/ 
Seule  *dition  disponible 


t 


r~^  Pages  discoloured,  stained  or  foxed/ 

I     I  Pages  detached/ 

r~^  Showthrough/ 

I      I  Quality  of  print  varies/ 

I     I  Includes  supplementary  material/ 

r~~|  Only  edition  available/ 


r( 
n 


Pages  wholly  or  partially  obacurad  by  errata 
slips,  tissues,  etc..  have  been  refilmed  to 
enaura  the  best  possible  image/ 
Lea  pagaa  totalement  ou  partiallement 
obscurcies  par  un  feuiliet  d'errata.  une  pelure. 
etc..  ont  *t*  film*e8  *  nouveau  de  fa^on  * 
obtenir  la  meilleure  image  possible. 


10X 

14X 

18X 

22X 

26X 

aox 

V 

1 

12X 

WX 

aox 

MX 

28X 

32X 

1 

^ 


Th*  copy  filmed  hara  has  bMn  r«produe«d  thanks 
to  tha  ganarosity  of: 

Library  of  tlia  Pubiic 
Arciiivaa  of  Canada 


L'axampiaira  fiim*  fut  raproduit  grica  k  ia 
ginAroait*  da: 

iM  bibiiotliAqua  das  Arci..  'aa 
pubiiquas  du  Canada 


Tha  imagaa  appearing  hara  ara  tha  baat  quality 
posaibia  conaidaring  tha  condition  and  iagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  spacificationa. 


Original  copias  in  printad  papar  covara  ara  filmad 
beginning  with  tha  front  covar  and  ending  on 
tha  laat  page  with  a  printed  or  illuatratad  imprea- 
sion,  or  tha  back  covar  when  appropriate.  All 
other  original  copias  are  filmed  beginning  on  the 
first  page  wKh  a  printad  or  iliuatrated  imprea- 
sion,  anrl  ending  on  the  laat  page  with  a  printed 
or  illuatratad  impression. 


The  laat  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), ur  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Les  imagaa  auh^antas  ont  4tA  reproduites  evec  le 
plus  grend  soin,  compte  tenu  de  la  condition  at 
da  la  nettetA  de  rexempiaire  filmA,  et  en 
conformiti  avac  les  conditions  du  contrat  de 
filmege. 

Lea  axempiairea  originaux  dent  ia  couverture  en 
pepier  eat  imprimAe  aont  filmAs  en  commenpant 
per  le  premier  plat  et  en  terminent  soit  par  la 
darnlArit  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  aoit  par  la  second 
piet,  selon  le  ces.  Tous  les  eutres  axemplaires 
origineux  sont  filmfo  en  commenpant  par  la 
pramlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminent  par 
la  darnlAre  pege  qui  comporte  une  telle 
empreinte. 

Un  des  symboies  suivants  apperaftra  sur  la 
darnlAre  imege  de  cheque  microfiche,  selon  le 
caa:  le  symbole  -^  signifie  "A  SUIVRE",  le 
symbols  y  signifie  "FIN". 


Maps,  plates,  charts,  etc.,  mey  be  filmed  at 
different  reduction  ratioa.  Thoaa  too  large  to  be 
entirely  included  in  one  exposure  ere  filmed 
4>«ginning  in  the  upper  left  hend  corner,  left  to 
right  end  top  to  bottom,  as  many  framea  aa 
required.  The  following  diagrams  iliuatrate  the 
method: 


Les  cartas,  planches,  tabieeux,  etc.,  peuvent  Atre 
fiimto  k  dea  taux  de  reduction  diff Arents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  ^n  un  seul  ciichA,  il  est  film*  A  pertir 
de  I'angle  supArieur  geuche.  de  gauche  A  drcite, 
et  de  heut  en  Ims,  en  prenent  le  nombre 
d'imagas  nAcesseire.  Les  diagrammes  suivants 
illustrent  ia  mAthode. 


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AN  ACT 

To  incorporate  the  Lockport  and  JYiagara  Falls 
Railroad  Company. 

Passed  April  24,  1834. 

The  People  of  the  State  of  JVew-York,  represented  in 
Senate  and  Assembly  do  enact  as  follows: 


\& 


I 


§  1.  All  persons  who  shall  become  Stockholders  pursuant  Corporation 
to  this  Act,  shall  be  and  they  are  hereby  constituted  a  body 
Corporate,  by  the  name  of  the  "  Lockport  and  Niagara  Falls 
Rail-road  Company,"  with  power  to  construct  a  single  or 
double  Rail-road,  commencing  in  the  village  of  Lockport, 
and  running  from  thence  on  the  most  eligible  route  to  the  vil- 
lage at  or  near  the  Niagara  Falls,  to  transport,  take  and  carry 
persons  and  property  upon  the  same,  by  the  power  and  force 
of  animals,  or  of  any  mechanical  power,  or  of  any  combina- 
tion of  them  which  the  said  Company  may  choose  to  employ  j 
and  by  that  name  they  are  vested  with  the  right  and  privi- 
lege of  erecting,  building  and  making  a  single  or  double 
Rail-road  for  the  purpose  aforesaid,  and  the  right  of  using 
the  same  in  the  manner  hereinafter  directed,  for  and  during 
the  term  of  fifty  years. 

^2.  If  the  said  Corporation  hereby  created,  shall  not  Time  limited, 
within  two  years  from  the  passage  of  this  Act,  commence  the 
construction  of  said  Rail-road,  and  expend  at  least  the  sum 
of  fifty  thousand  dollars  thereon,  and  shall  not,  within  five 
years  from  the  passage  of  this  Aci,  finish  and  put  in  operation 
the  said  single  or  double  Rail-road  or  ways,  then  the  said 
Corporation  shall  thenceforth  forever  cease,  and  this  Act 
fhall  be  null  and  void. 


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f^'oik.  ^  3.  The  Capital  Stock  of  said  Company  shall  be  one  hun- 

dred and  ten  thousand  dollars,  which  shall  be  divided  into 
shares  of  fifty  dollars  each,  and  shall  be  deemed  personal 
property. 

Cominisiionera.  §  4.  Elisha  Tibbits,  Charles  E.  Dudley,  Henry  Seymour, 
Lot  Clark,  Henry  Wallbridge,  Joel  M'CoUum,  John  Good- 
ing, Hiram  Gardner,  Augustus  Porter,  Seymour  Scovell  and 
Samuel  De  Veaux,  shall  be  Commissioners  for  receiving  sub- 
scriptions to  the  Capital  Stock  of  the  Corporation,  and  for 
apportioning  the  same  among  the  subscribers,  agreeably  to 
the  provisions  of  this  act. 

Notici.  ^  5.  It  shall  be  the  duty  of  the  said  Commissioners,  within 

one  year  after  the  passage  of  this  Act,  to  give  notice  once  in 
each  week,  for  three  weeks  in  succession,  in  a  newspaper, 
printed  and  published  in  the  county  of  Niagara,  of  the  time 
when  the  books  will  be  opened,  at  some  convenient  place  in 
the  village  of  Lockport,  for  receiving  subscriptions  to  the 
Capital  Stock  of  said  Corporation. 

Subscriptions.  §  6.  One  or  more  of  the  said  Commissioners  shall  attend 
at  the  time  and  place  appointed  by  the  said  notice  for  the 
opening  said  books,  and  for  three  days  successively,  and 
during  at  least  six  hours  of  each  day,  shall  continue  to  re- 
ceive subscriptions  to  the  Capital  Stock  of  the  said  Corpora- 
tion, from  allpersoiis  who  will  subscribe  thereto  in  conformity 
with  the  provisions  of  this  Act. 

§  7.  Each  subscriber  at  the  time  he  subscribes,  shall  pay 
to  the  Commissioners  five  dollars  on  each  share  of  the  Stock 
•subscribed  by  him. 

^  8.  If  at  the  expiration  of  the  time  mentioned  in  the  sixth 
section  of  this  Act,  it  shall  appear  that  more  than  the  requi- 
site number  of  shares  have  been  subscribed,  it  shall  be  the 
dutji  of  the  Commissioners  to  distribute  the  same  among  the 
subscribers  in  such  manner  as  they  shall  deem  equitable  and 
proper. 

^  9.  In  case  the  Capital  Stock  shall  not  be  subscribed 
during  the  time  specified  in  the  preceding  sixth  sectkn,  it 


First  Payment. 


Distribution  of 
Stoclt. 


Additional  sub 
scriplioDS. 


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«';>. 


3 


shall  be  the  duty  of  the  commissioners  from  timo  to  time,  to 
take  such  further  measures  as  they  may  deem  necessary,  in 
order  to  fill  the  subscriptions  for  the  Stock. 

§  10.  The  concerns  of  the  Corporation  shall  be  managed  Wrenors. 
by  seven  directors,  to  be  chosen  annually,  by  and  from  among 
the  number  of  Stockholders. 

§  1 1.  As  soon  as  may  be,  after  the  Stock  shall  have  been  Notice, 
thus  apportioned,  the  Commissioners  shall  give  a  notice  of 
the  time  and  place  at  which  a  meeting  of  the  Stockholders 
will  be  held,  for  the  choice  of  Directors.  Such  notice  shall 
be  published  once  in  each  week  for  three  weeks  successively, 
prior  to  the  time  therein  appointed  for  such  election,  in  a 
newspaper  printed  and  published  in  the  county  of  Niagara. 

§  12.  At  the  time  and  place  appointed  for  that  purpose,  Kleciion. 
the  Commissioners  or  some  of  them,  shall  attend,  and  the 
Stockholders,  or  their  proxies  duly  appointed  in  writing, 
shall  proceed  to  elect,  by  ballot,  the  requisite  number  of  Di- 
rectors. The  Commissioners,  or  some  of  them,  shall  preside 
at  the  election,  and  shall  certify  the  result  in  writing  under 
their  hands,  which  certificate  shall  be  recorded  in  the  books 
of  the  Corporation,  and  shall  be  sufficient  evidence  of  the 
election  of  the  Directors  therein  namei'.  All  future  elections 
shall  be  conducted  in  the  manner  prescribed  by  the  By-Laws 
of  the  Corporation. 

§  13.  Each  Stockholder  shall  be  allowed  as  many  votes  Votpn. 
as  he  owns  shares  of  Stock  atthecommLMicement  of  any  such 
election,  and  a  plurality  of  votes  shall  determine  the  choice  ; 
but  no  Stockholder  shall  be  allowed  to  vote  at  any  election 
after  the  first,  for  any  Stock  that  shall  have  been  assigneil  to 
him  at  any  time  within  thirty  days  prior  to  the  time  at  which 
such  election  shall  be  held.  J&jj^r 

§  14.  The  Directors  shall  hold  their  ofhceSKfime  year,  Tenure  oi  office 
and  until  others  shall  be  elected  in  their  steadi^flBiy  shall 
appoint  one  of  their  number  as  President,  and  some  suitable 
person  as  Secretary  of  the  Corporation. 


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«ur»eys.  ^  16.  The  Said  Directors  shall  have  power  to  cause  such 

examinations  and  surveys  of  the  route  for  said  Rail-road  to 
he  made  as  may  be  necessary  to  tlie  selection  by  them  of  the 
most  advantageous  line,  course  or  way,  for  the  said  road. 
And  the  said  Directors,  or  a  majority  of  them,  shall,  al\er  such 
examinations  and  surveys  shall  bt>  made,  select,  and  by  cer- 
tificates designate  the  line,  course  or  way,  which  they  may 
deem  most  advantaf(cous  for  the  said  Rail-road,  a  certifi- 
cate of  which,  shall  be  filed  in  the  odice  of  the  clerk  of  Nia- 
gara county,  and  the  way  so  selected  and  certified  shall  be 
deemed  the  line,  coursi-  or  way,  on  which  the  said  Corpora- 
tion shall  construct,  erect,  buihl  or  make  said  Rail-road,  as 
hereinafter  provided. 

RenlEstote.  ^  16.  The  Corporation  is  hereby  empowered  to  purchase, 
receive  and  hold  such  real  estate  as  may  be  necessary  and 
convenient  in  accomplishinir  the  object  for  which  this  Cor- 
poration is  granted,  and  may,  by  their  agents,  surveyors  and 
engineers,  enter  upon  such  route,  place  or  places  to  be  de- 
signated as  aforesaid  by  the  said  Directors  as  the  line,  course 
or  way,  whereon  to  construct  the  said  Kail-road  ;  and  it  shall 
be  lawful  for  the  said  Corporation  to  enter  upon,  and  take 
possession  and  use  all  such  lands  and  real  estate  as  may  be 
indispensable  for  the  construction  and  maintenance  of  said 
Rail-road,  and  the  accommodations  requisite  and  appertain- 
ing unto  them  ;  antl  may  also  receive,  hold  and  take,  all  such 
voluntary  grants  and  donations  of  land  and  real  estate  as 
shall  be  made  to  said  Corporation,  to  aid  in  the  construction, 
maintenance  and  accommodation  of  said  Rail-road  or  ways; 
but  all  lands  or  real  estate  thus  entered,  taken  possession  of 
and  used  by  said  Corporation  which  are  not  donations,  shall 
be  purchased  oi^e  owners  of  the  same,  at  a  price  to  be  mu- 
tually agreaJHMn  between  them.  In  case  of  a  disagree- 
ment of  jj^qplfand  before  the  making  of  any  portion  of  the 
road  upi|»8aid  land,  the  Directors  of  the  said  Company  may 
present  their  petition  to  the  Vice-Chancellor  of  the  eighth 
circuit,  setting  forth  the  necessity  of  such  lands  for  making 


5 


snid  Rail-road  or  ways,  and  of  the  attempt  and  failure  to  pur- 
chase the  same,  with  the  name  and  residence  of  the  owner, 
and  the  reason  why  the  purchase  cannot  be  made ;  and  the 
said  Vice-Chancellor  shall  direct  such  notice  to  the  owner  or 
owners  of  such  lands  as  he  shall  deem  proper  and  reasonable, 
of  the  time  and  place  of  hearing  the  parties,  and  upon  proof 
of  due  service  of  such  notice,  and  upon  hearing  the  parties, 
the  Vice-chancellor  shall  appoint  three  competent ,and  dis- 
interested Freeholders  of  said  county  of  Niagara  to  appraise 
said  lands.  The  said  Commissioners,  after  giving  notice  to 
the  owner,  or  in  case  of  absence,  leaving  a  written  notice  at 
his  \isual  place  of  residence,  shall  appraise  said  lands,  and 
shall  award  to  the  owner  or  owners  thereof  what  they  shall 
deem  to  be  the  full  value  of  the  same,  and  shall  be  authorized 
to  examine  the  lands,  to  administer  oaths,  to  hear  testimony, 
and  shall  make  their  appraisement  in  writing  without  delay, 
under  their  hands,  with  a  minute  and  accurate  description  of 
the  land  appraised,  with  a  map  thereof,  and  shall  report  the 
same,  with  the  testimony  taken,  to  the  said  Vice-Chancellor. 
The  said  Vice-Chancellor  shall  examine  the  report,  and  shall 
hear  the  parties  if  desired,  and  may  increase  or  diminish  the 
amount  awarded  if  he  shall  be  satisfied  injustice  has  been 
done.  Upon  proof  to  the  said  Vice-Chancellor,  within  thirty 
days  after  his  determination,  of  the  payment  to  the  owner, 
or  of  the  depositing  to  the  credit  of  the  owner  in  such  bank 
as  the  said  Vice-Chancellor  shall  direct,  of  *'  e  amount  of 
such  appraisement,  and  the  payment  of  all  expenses  attending 
it,  the  said  Vice-Chancellor  shall  make  a  decree  or  order, 
particularly  describing  the  lands,  and  reciting  the  appraise- 
ment, and  the  mode  of  making  it,  and  all  other  facts  neces- 
sary to  a  compliance  with  this  section  of  this  act.  And  when 
the  said  decree  or  order  shall  be  recorded  in  the  office  of  the 
clerk  of  Niagara  county,  whose  duty  it  shall  wt^o  record  the 
same,  the  said  Corporation  shall  be  possessed  of  all  the  lands 
for  the  purpose  of  said  road,  and  may  enter  upon  and  take 
possession  and  use  the  same. 


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Calls  on  Stock 
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§  17.  In  case  any  married  woman,  infant,  idiot,  insane 
person,  or  non-resident,  who  shall  not  appear  aiter  such 
notice,  shull  be  interested  in  any  such  land,  the  said  Vicc- 
Chnncellor  shall  appoint  some  competent  and  disinterested 
person  to  appear  before  the  said  Commissioners,  and  act  for 
and  in  behalf  of  such  married  woman,  infant,  idiot,  insane 
person  or  non-resident. 

^  18.  Whenever  it  shall  be  necessary  for  the  construction 
ol  the  Rail-road  to  intersect  or  cross  any  stream  of  water  or 
water  course,  or  any  road  or  highway  lying  between  the 
places  prescribed  by  the  first  section  of  this  act,  it  shall  be 
lawful  fur  said  Corporation  to  construct  said  Rail-road  or 
ways  across  or  upon  the  same ;  but  the  Corporation  shall 
restore  the  stream  or  water  courses,  or  road  or  highway  thus 
intersected,  to  its  former  state,  or  in  a  sufficient  manner  not 
to  impair  its  usefulness. 

§  19.  it  shall  be  lawful  for  the  Company  hereby  incorpor- 
ated, from  time  to  time,  to  regulate  and  receive  the  tolls  and 
charges  by  them  to  be  received,  for  transportation  of  persons 
and  property  on  said  Rail-road,  but  the  said  Company  shall 
not  charge  or  receive  a  greater  sum  than  at  the  rate  of  lour 
cents  per  mile  for  the  transportation  of  any  passenger  and 
his  ordinary  baggage. 

§  20.  If  any  person  shall  wilfully  do,  or  cause  to  be  done, 
any  act  or  acts  whatever,  whereby  any  building,  construction 
or  work  of  said  Corporation,  or  any  macliine,  engine  or 
structure,  or  any  matter  or  thing  appertaining  to  the  same , 
shall  be  stopped,  obstructed  or  impaired,  weakened,  injured 
or  destroyed,  the  person  or  persons  so  offending,  shall  forfeit 
and  pay  to  the  said  Corporation  treble  damages  sustained  by 
means  of  such  offence  or  injury,  to  be  recovered  in  the  name 
of  said  Corporation,  with  costs  of  suit  by  action  of  debt 

§  21.  It  shall  be  lawful  for  the  Directors  to  require  pay- 
ment of  the  sums  to  be  subscribed  to  the  capital  Stock,  at 
such  times,  and  in  such  proportions  and  on  such  conditions 
;    they  shall  deem  fit,  under  the  penalty  of  the  forfeiture  of 


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all  previous  payments  made  thereon  ;  and  shall  give  notice  of 
the  payments  thus  required,  and  of  the  time  and  place  >vhcrc 
the  same  are  to  be  paid,  at  least  thirty  days  previous  to  the 
payment  of  the  same,  in  a  public  newspaper,  published  in  the 
county  of  Niagara. 

§  22.  Nothing  in  this  act  shall  be  deemed  to  authorize  the  Erie  Cana). 
said  Corporation  to  construct  the  said  Rail-rond  across  the  Erie 
canal,  without  the  written  authority  of  the  canal  board,  who 
arc  hereby  authorized  to  grant  permission  to  the  said  Corpo- 
ration to  construct  their  said  Rail-road  or  way  across  or  along 
such  canal,  on  receiving  satisfactory  evidence  that  it  is 
necessary  to  the  construction  of  said  Rail-road  or  way,  and 
that  it  will  be  done  in  a  manner  that  shall  not  in  any  degree 
obstruct  the  transportation  upon  the  said  canal,  or  impair  its 
usefulness  ;  but  the  canal  commissioners  shall  have  a  super- 
intending power  over  such  parts  of  said  road  as  may  be  laid 
across  or  along  said  canal,  and  may  at  any  time  direct  such 
alterations  to  be  made  as  they  may  deem  necessary. 

§  23.  The  said  Corporation  shall  possess  the  general  powers  Gcmrul  powen 
and  be  subject  to  the  general   restrictions  and    liabiliti»'S 
prescribed  by  such  parts  of  the  eighteenth  chapter  of  the  fu-st 
part  of  the  Revised  Statutes  as  are  not  repealed. 

§  21.  The  Directors  of  said  Company  shall  make  an  annual  Annual  report, 
report  in  detail  of  their  proceedings  and  expenditures,  verified 
by  the  affidavit  of  at  least  two  of  them,  which  report  shall  be 
filed  in  the  office  of  the  secretary  of  state,  and  in  like  manner 
shall,  at  the  expiration  of  each  year,  for  the  term  of  fifteen 
years  after  the  completion  of  said  road,  file  in  said  office  a 
detailed  statement  of  tolls  received  on  such  Rail-road,  and  of 
all  moneys  expended  by  said  Company  for  repairs  or  other- 
wise, for  the  purpose  of  said  Rail-road. 

§  25.  If  the  legislature  of  this  state  shall,  at  the  expiration  Right  to  pur- 
of  ten  and  within  fifteen  years  from  the  completion  of  said 
Rail-road,  make  provisioi^  by  law  for  the  repayment  to  the 
said  Corporation  of  the  ^mount  expended  by  them  in  the 
construction  of  said  Rail-road,  together  with  all  the  moneys 


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expended  by  them  for  permanent  fixtures  for  the  use  of  said 
Rail-road,  Avith  interest  on  such  sums  at  the  rate  of  ten  per 
cent,  per  annum,  together  with  all  moneys  expended  by  said 
Company  for  repairs  or  otherwise,  for  the  purposes  of  said 
road,  after  deducting  the  amount  of  tolls  received  on  said 
road,  then  the  said  Rail-road  with  all  fixtures  and  appurten- 
ances, shall  vest  in  and  become  the  property  of  the  people  of 
this  state. 


Right  to  repeal. 


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The  legislature  may  at  any  time  alter,  modify  or 


repeal  this  act. 


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9 


AN   ACT 

To  Increase  the  Capital  Stock  of  the  Lockport  and 
jyiagara  Falls  Rail-road  Company. 

Passed  March  23d,  1837 

The  People  of  the  State  of  Kew-Yrokj  represented  in 
Seriate  and  Jissembly,  do  enact  as  follows : 

§  1.  The  Capital  Stock  of  the  Lockport  and  Niagara  Falls  stock  increased 
Rail-road  Company,  is  hereby  increased  to  the  sum  of  one  hun- 
dred and  seventy-five  thousand  dollai-s,  and  the  President  and 
Directors  of  said  Company  shall  issue  certificates  of  Stock  of 
fifly  dollars  each,  for  the  additional  Stock  hereby  authorised 
to  be  created. 

§  2.  The  Directors  of  said  Corporation  shall  receive  sub-  Subscriptions  to 

.  '  Stock. 

scnptions  for  the  said  increase  of  Stock  and  shall  distribute 
and  dispose  of  the  same  to  such  persons,  and  in  such  manner 
as  they  shall  deem  most  advantageous  to  the  interests  of  the 
Corporation. 

§  3.  Thirty  days  previous  notice  shall  be  given  of  the  time  Noticf  to  bo 
and  place  of  opening  the  books  for  subscription  to  the  said 
new  Stock ;  not  more  than  one  half  of  said  new  Stock  shall 
be  allotteil  to  the  present  Stockholders  in  said  Corporation,  if 
one  half  thereof  shall  have  been  subscribed  by  persons  not 
Stockholders  in  sai<l  Corporation. 


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6  4.  The  Directors  shall  have  the  power  to  equalize  the  ^'^'''f. '"  *'' 

*  '  '  equalized. 

value  of  the  New  Stock  to  the  Old,  by  requiring  payment 
on  the  New  Stock,  of  such  amount  over  and  above  the 
par  value,  as  shall  be  equal  to  the  interest  on  the  old  Stock, 
at  the  rate  of  seven  per  cent,  per  annum,  from  the  time  or 
times  when  the  same  was  paid  in. 
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*"*''"  P">t»  §  5.  The  grant  made  to  said  Corporation,  by  the  Chiefs  of 
the  Tuscarora  Indians,  in  the  year  one  thousand  eight  hun- 
dred and  thirty-five,  of  a  right  of  way  over  the  land  occu- 
pied by  the  said  Indians,  in  the  town  of  Lewislon,  is  hereby 
declared  to  be  of  the  same  force  and  eifect,  as  if  the  same  had 
been  made  by  a  citizen  of  this  State,  seized  of  such  lands  in 
fee  simple. 


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II 


AN  ACT 

To  Jlinend  the  Charter  of  the  Lockport  and  JViagara  Fulls 
Rail-road  Company,  passed  Jlpril  24(h,  1834. 

Passed  by  a  two-third  voto,  April  22d,  1841. 

The  People  of  the  State  of  J\'ew  York,  represented  in 
Senate  and  Jlsxemhly,  do  enact  as  follows  : 

§  1.  The  Lockport  and  Niagara  Falls  Rail-road  Company  Road  to  he  ex . 
are  hereby  authorized  to  extcml  their  Hailroad  from  the  vil- 
lage of  Lockport  by  the  most  eligible  route,  to  the  western 
termination  of  the  Auburn  and  Rochester  Rail-road  in  Ro- 
chester, or  to  the  western  termination  of  the  Tonawanda 
Rail-road  in  Batavia,  as  shall  be  determined  by  a  majority  of 
the  Directors  of  the  Lockport  and  Niagara  Falls  Rail-road 
Company,  by  resolution,  to  be  entered  in  their  minutes,  and 
filed  in  the  clerks'  offices  of  the  seveial  counties  through 
which  such  extended  Rail-road  shall  pass. 

§  2.  For  the  purpose  of  constructing  a  Rail-road  from  Capital  stock 
Lockport  to  either  of  the  points  designated  in  the  preceding  creased, 
section,  the  said  Lockport  and  Niagara  Falls  Rail-road  Com- 
pany, are  authorized  to  increase  the  Capital  Stock  of  said 
Company  to  such  amount  as  the  Directors  of  said  Company 
shall  decide  to  be  necessary  for  that  purpose,  not  exceeding 
five  hundred  thousand  dollars  in  addition  to  the  present 
Capital. 

§  3.  The  amount  of  such  increase  of  Stock  shall  be  fixed  Amount,  how  to 
by  the  Directors  by  resolution ;  whereupon  the  new  Stock 
hereby  authorized  to  be  created,  may  be  issued  and  disposed 
of  in  such  manner  as  the  Directors  shall  deem  expedient. 

§  4.  In  the  construction,  use  and  management  of  the  Rail-  Road  how  to  be 
road  authorized  by  this  Act,  the  said  Company  may  exercise 
all  the  powers,  and  shall  be  subject  to  all  the  provisions  and 
restrictions  contained  in  the  Act  hereby  amended. 


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12 


AN  ACT 

^Hutlwrizing  the  Lockport  and  JViagara  Falls  Rail-road 
Company  to  Increase  their  Capital  Stock. 

Passed  by  a  two-thinl  vote,  Feb.  10,  1842. 


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The  People  of  the  Slate  of  JVew-York,  represented  in 
Senate  and  .Assembly,  do  enact  as  follows: 

Pt«ck  may  be  ^  1.  The  Directors  of  the  Lockport  and  Niagara  Falls 
Rail-road  Company,  are  authorized  to  increase  the  Capital 
Stock  of  said  Company  to  an  amount  not  exceeding  twelve 
hundred  thousand  dollars,  in  addition  to  the  Capital  now 
paid  in. 

Shares.  §  2.  The  said  Directors  are  authorized  to  alter  the  shares 

m  the  Stock  of  said  Company,  from  fifty  to  one  hundred  dol- 
lars each. 

xppraisoinents,     ^  3.  The  sixteenth  section  of  the  Act  entitled  "  An  Act  to 

hdW  lohc  muile  .  i       t       i  -ky  i-.   ii      ••■»    m  i /~i 

ui  ciTtain  cabcs.  incorporate  the  Lockport  and  Miagara  rails  Kail-road  Com- 
pany passed  April  24th,  1834,  be  so  altered  and  amended, 
that  in  case  of  a  disagreement  between  the  owners  of  the 
land  over  which  the  said  Rail-road  shall  pass,'and  the  Direc- 
tors of  the  Company,  as  to  the  price  to  be  paid  the  owners  for 
their  lands,  and  when  it  becomes  necessary  to  apply  to  the 
Vice-Chancellor  of  the  eighth  circuit  lo  institute  proceedings 
to  ascertain  the  price  of  such  lands  according  to  the  said  six- 
teenth section,  the  owners  shall,  on  such  appraisement  as  is 
provided  in  that  section,  be  allowed  to  receive  wliatever 
damages  they  shall  sustain,  in  ad  lition  to  the  value  of  their 
lands  in  consequence  of  the  construction  of  the  said  road. 
And  that  the  said  sixteenth  section  be  further  amended  so  that 
the  appraisement  shall  be  made  by  three  disinterested  freehold- 
ers of  the  county  where  the  lands  appraised  shall  be  situated. 


^^ 


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